Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
Dear Customer, thank you for choosing Just Answer, I would like to assist you today.
While I cannot review your specific non-compete clause, I can tell you that these types of contracts are very narrowly construed and courts generally prefer to allow employees to pursue their careers wherever they choose.
Non-compete clauses are usually found to be enforceable when they are for a discrete time period, a discrete radius, and a specific job function. Unfortunately, this set of general guidelines changes from one job to the next, and I am prohibited from giving you specific advice as to your specific contract or job, but I can tell you that in general, healthcare providers (non-managerial) have very small limits for an enforceable non-compete clause.
They threaten to sue you for 1 years salary if you leave. Could they really win that?
It is highly doubtful. (remember, I can't give you specific legal advice, but here is an article written by an employment law firm in Texas that may provide some more direct assurance: http://www.brownemploymentlaw.com/Practice-Areas/Non-Compete-Agreements.shtml
You are welcome. Can be of any further assistance (or did I miss anything)?
I think this helps but I am still scared. They claimed the hospital I applied at was not a competitor ( that is why I applied to that specific hospital) now that they know I applied there they claim they changed the policy and it is now a competitor. Other people quit and went to work at this hospital several years ago with no problems. You just never know who they will pursue and make an example of.
I can't promise you that your current employer will not attempt to enforce their non-compete clause (regardless as to whether or not it has merit). However, I can tell you that a contract such as the one you describe is almost always unenforceable due to the fact that only one side (in this case the hospital) is able to shift the terms of the contract without any additional consideration from the other side (the employee). Given this it is highly unlikely to be enforceable as you have described.
Thanks that makes sense. This has been very helpful
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).